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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-05-05 31606 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-SECOND REGULAR MEETING OF MAY 5, 1999 On May 5, 1999, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Pastor delivered the invocation Roll as called with the following result: John R Pastor, Maureen Miller Brosnan*, Brian Duggan, Joe Laura, John J Walsh, Val I Vandersloot, and Jack Engebretson Absent: None On a motion by Duggan, seconded by Vandersloot, it was #282-99 RESOLVED, that the minutes of the 1,391st Regular Meeting of the Council of the City of Livonia, held April 21, 1999, are hereby approved as submitted AYES Pastor, Duggan, Laura, Walsh, Vandersloot, and Engebretson NAYS None The President declared the resolution adopted Mayor Kirksey read and presented a proclamation to Elaine Koons, Chair of the Mayor's Task Force on Families and Youth, from the Offices of the Mayor and the City Council proclaiming May, 1999 as Drug Awareness Month in the City of Livonia, and scheduling a special Town Hall Meeting at the Civic Center Library Auditorium on Tuesday, May 25, 1999, at 6 30 p m Ms Koons addressed the special Town Hall Meeting, stating it is important for everyone to attend The Police Department will be giving a demonstration on illegal drugs, the canine dog will be there, as well as judges and ER physicians Various information will be relayed with regard to the subject of drug abuse *Councilmember Brosnan arrived at 8 09 p m due to tomorrow morning's Prayer Breakfast responsibilities Councilmember Vandersloot read and presented a resolution to Letter Carriers Vicky Sawicki and Jerry Cleary proclaiming Saturday, May 8, 1999, as the National Association of Letter Carriers Food Drive Day, which resolution was adopted as follows 31607 On a motion by Vandersloot, seconded by Walsh, and unanimously adopted, it was #283-99 WHEREAS, the Kids Count in Michigan Report conducted by the Michigan League for Human Services and Michigan State University verifies that an increasing and substantial number of children in Wayne, Oakland and Macomb counties are at risk as a result of poverty and hunger; and WHEREAS, poverty adversely affects birth weight, child deaths, abuse and neglect, education and the general health of children, and those of us who do not know hunger have a responsibility to feed the hungry; and WHEREAS, the National Association of Letter Carriers (NALC) is sponsoring their seventh annual National Food Drive on Saturday, May 8, 1999, with the NALC Branch One in the City of Livonia participating, and WHEREAS, the cost of inaction is too high, particularly in the face of many negative outcomes for children which are preventable, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Council of the City of Livonia fully endorse and support the National Association of Letter Carriers Food Drive, and publicly advocate that the residents of Livonia, Michigan, leave non-perishable food at their mailboxes on Saturday, May 8, 1999, and that the City of Livonia proclaims Saturday, May 8, 1999, as National Association of Letter Carriers Food Drive Day There was no audience communication at the beginning of the meeting Councilmember Pastor relayed a greeting to his children (Rachel and Ryan) and to his wife (Linda) Additionally, Council President Engebretson addressed an anonymous letter sent regarding the subject of Y2K, and announced a Town Hall Meeting scheduled for Thursday, June 17, 1999 at 7 00 p m in the City Hall auditorium with respect to this subject matter A communication from the Department of Law, dated April 15, 1999, re People of the City of Livonia v Goretski Construction Company, 229 Mich App 279 (1998) was received and placed on file for the information of the Council (CR 454-97) 31608 A communication from the Office of the City Clerk, dated April 19, 1999, re the temporary recording and transcribing of Council Study Minutes was received and placed on file for the information of the Council (CRs 78-99 and 79-99) Councilmember Laura commented on the good job that MAT Court Recording & Court Services has been doing with respect to submitting Council Public Hearing/Study minutes in a timely manner, and suggested the Clerk's Office may wish to continue this service on a permanent basis A communication from the Department of Finance, dated May 3, 1999, re additional information on the installation of an Irrigation System at the Fox Creek Golf course and Computer Equipment for the 16th District Court Installment Purchase Agreements was received and placed on file for the information of the Council (Consent Agenda Item #12) A communication from the Engineering Division, dated April 30, 1999, addressed to the Wayne County Department of Public Services re requesting accelerated construction of Seven Mile Road at the Wayne Road intersection to permit fire engines to safely enter and exit Seven Mile Road was received and placed on file for the information of the Council (Consent Agenda Item #15) On a motion by Duggan, seconded by Brosnan, it was #284-99 RESOLVED, that having considered an application from Michael Coliton, 28652 Grandon, dated April 15, 1999, requesting permission to close Grandon, between Harrison and Brentwood, on Saturday, June 12, 1999, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 13, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police department. 31609 A communication from Dennis Shields, 19263 Fitzgerald, Livonia, dated April 12, 1999, re flooding problems experienced at his property was received and placed on file for the information of the Council A communication from Tom Bjorklund, Vice President and Regional Manager of Time Warner Cable, dated April 15, 1999, re forwarding the Fifteenth Annual Report of Time Warner Cable, was received and placed on file for the information of the Council #285-99 RESOLVED, that having considered a communication from the City Clerk, dated April 9, 1999, regarding the enactment of 1998 PA 390 which contains certain changes regarding the subject of licensing of dogs, the Council does hereby refer this subject to the Department of Law to prepare an appropriate ordinance amendment to Chapter 6 04 (Dogs) of the Livonia Code of Ordinances in order to be consistent with the recent changes in State law, the same to thereafter be submitted to Council for its consideration #286-99 RESOLVED, that having considered a communication from the City Clerk, dated April 9, 1999, the Council does hereby designate the City Clerk to perform the duties associated with the issuance of dog licenses, which would otherwise be imposed upon the City Treasurer pursuant to Section 14(3) of 1998 PA 390 #287-99 RESOLVED, that having considered a communication from the Training Coordinator for the Department of Public Safety - Fire & Rescue, dated April 19, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Letter of Understanding between the City of Livonia and Livonia Firefighters Union Local #1164 with respect to the establishment of a second paramedic class, the Council does hereby approve such Letter of Understanding and does hereby authorize the establishment of the second paramedic class in the manner set forth in the Letter of Understanding, FURTHER, the Council does hereby approve a budget adjustment to the following accounts for this purpose Account Debit Credit Fire Station Construction Fund Balance $80,000 00 Contribution to General Fund 457 000 965 101 $80,000 00 Contributions-Other 101 000 691 000 $80,000 00 Fire Fighting Overtime 101 338 709 000 $80,000 00 31610 #288-99 RESOLVED, that having considered a communication from the Personnel Director, dated April 19, 1999, which transmits a resolution adopted by the Civil Service Commission on April 15, 1999, recommending approval of salary and fringe benefit adjustments for the classification of Fire Chief for the period December 1, 1996 through November 30, 1999, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #289-99 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 13, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3266 4/99, the Council does hereby accept the one year extension of the quotation submitted in June of 1997 (previously accepted in Council Resolution 688-97) by Metro Meter Service, Inc., P 0 Box 21331, Owensboro, Kentucky 42304, to test, repair and calibrate large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 1999, for the amount of $18,140 00 per year, plus an additional $8,000 00 per year for the purchase of repair parts, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #290-99 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 13, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3267 4/99, the Council does hereby accept the quotation of Sensus Technologies, Inc., P 0 Box 487, Uniontown, Pennsylvania 15401, to continue supplying the Public Service Division (Water Maintenance Section) with small diameter water meters, compound water meters (with remote reading device) and fire line meters and testers for the period January 1, 1999 through December 31, 2001, based upon the unit prices set forth in the attachment therein and based upon a total increase of three (3%) percent for 1999 and 2000, and an increase not to exceed six (6%) percent for 2001 based upon documentable increases in production costs to Sensus Technologies, Inc , FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in the Water and Sewer Fund for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #291-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 16, 1999, 31611 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) 1999 John Deere 6x4 Gators from Commercial Lawnmower, 34955 Plymouth Road, Livonia, Michigan 48150, for a net price of $29,146 00, based on a total price of$32,046 00 less trade-ins of $2,900 00, the same to be expended from funds already budgeted for this purpose in the Public Service Division Equipment Maintenance Account No 101-446-987-000, Idyl Wyld Golf Course Account No 101-683-985- 000, and Fox Creek Golf Course Account No 101-685-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0716600724), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #292-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated April 15, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Michigan CAT, 24800 Novi Road, Novi, Michigan 48375, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) wheel loader for a net price of$82,162 00, based on a total price of$97,162 00 less trade-in of $15,000 00 for the 1988 Case wheel loader, the same having been in fact the lowest bid received which meets all specifications, and the bid of Wolverine Power and Equipment Company is hereby rejected for the reasons indicated in the aforesaid report and recommendation #293-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 19, 1999, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a proposal dated December 1, 1998, submitted by TEL- Adjust, Inc , 6443 Inkster Road, Suite 270, Bloomfield Hills, Michigan 48301, for performing a telecommunications audit for the City, the Council does hereby accept the proposal submitted by TEL-Adjust, Inc for completing all work required in connection with the telecommunications audit with the understanding that TEL-Adjust, Inc will receive 50% (or 40% if refunds exceed $50,000 00) of any savings realized by the City as a result of such audit; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company in the manner and form submitted, subject to review and approval by the Department of Law, FURTHER, the Council does hereby authorize such action without competitive bidding for the 31612 reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #294-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 19, 1999, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a proposal dated December 1, 1998, submitted by TEL- Adjust, Inc., 6443 Inkster Road, Suite 270, Bloomfield Hills, Michigan 48301, for performing a telecommunications audit for the City, the Council does hereby refer this subject matter and the possibility of future savings with respect to the cost of telecommunications activities within City facilities to the Committee of the Whole for its report and recommendation #295-99 WHEREAS, an Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City") and Application Technology Group, Inc ("Application") (the "Vendor") and Comerica Bank, (the "Bank") for the purchase, delivery and installation of computer equipment for the 16th District Court, as set forth in the Vendors' Quotation (the "Equipment") has been prepared, and WHEREAS, the purchase and installation price of the Equipment is $121,712 (the "Purchase Price"), and WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in ten (10) semi-annual installments, commencing on November 1, 1999, as will be specified in the Agreement (each, a "Payment Date"), with interest payable thereon at a rate equal to 4 30% per annum, but if the interest on the Purchase Price becomes includable in the gross income of the holder of the Agreement due to any action by the City and not because of any changes in the tax laws or regulations of the United States of America (the "Taxable Event"), then the rate on the Purchase Price shall change to 6 45% per annum from the date such interest becomes included in the gross income of the holder of the Agreement (the "Taxable Rate"), and WHEREAS, the Agreement is to be assigned to the Bank, and WHEREAS, it is necessary to approve the Agreement and authorize the City's Mayor and Clerk to execute the Agreement and/or certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 31613 1 The Agreement is hereby approved substantially in the form on file with the City Clerk The City shall incur the debt described in the Agreement through execution of the Agreement by the officers authorized below which debt shall consist of the Purchase Price of *"' $121,712, which Purchase Price shall be payable in ten (10) semi-annual installments with interest thereon at a rate of 4 30% per annum or, in the case of a Taxable Event, at the Taxable Rate The installments of interest shall be payable semi-annually, commencing November 1, 1999 and installments of principal shall be payable semi-annually commencing November 1, 1999 2 The Mayor and City Clerk are hereby authorized and directed to execute the Agreement and deliver it to the Vendor, substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be approved by the City's Bond Counsel 3 The useful life of the Equipment is hereby determined to be not less than twenty (20) years 4 The Mayor, City Clerk and Finance Director are hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing of the Agreement and the assignment thereof 5 The assignment of the Agreement by the Vendor to the Bank is hereby approved 6 The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Agreement coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations 7 The City hereby designates its obligations under the Agreement as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986, as amended (the "Code") 8 The City hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Agreement from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Code, including but 31614 not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Agreement and moneys deemed to be proceeds 9 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded #296-99 WHEREAS, an Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City"), Sprinkler Services Company ("Sprinkler"), Valley Turf, Inc. ("Valley") (Sprinkler and Valley hereinafter referred to as the "Vendors") and Comerica Bank, (the "Bank") for the purchase, delivery and installation of an eighteen hole golf course irrigation system, for Fox Creek Golf Course, together with pump station, as set forth in the Vendors' Quotations (the "Equipment") has been prepared, and WHEREAS, the purchase and installation price of the Equipment is $391,828 67 with $234,878 67 owed to Valley for the furnishing of the Equipment and $156,950 00 owed to Sprinkler for the installation of the Equipment (together the "Purchase Price"), and WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in ten (10) semi-annual installments, commencing on November 1, 1999, as will be specified in the Agreement (each, a "Payment Date"), with interest payable thereon at a rate equal to 4 30% per annum, but if the interest on the Purchase Price becomes includable in the gross income of the holder of the Agreement due to any action by the City and not because of any changes in the tax laws or regulations of the United States of America (the "Taxable Event"), then the rate on the Purchase Price shall change to 6 45% per annum from the date such interest becomes included in the gross income of the holder of the Agreement (the "Taxable Rate"), and WHEREAS, the Agreement is to be assigned to the Bank, and WHEREAS, it is necessary to approve the Agreement and authorize the City's Mayor and Clerk to execute the Agreement and/or certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 1 The Agreement is hereby approved substantially in the form on file with the City Clerk. The City shall incur the debt described in the Agreement through execution of the Agreement by the officers authorized below which debt shall consist of the Purchase Price of 31615 $391,828 67, which Purchase Price shall be payable in ten (10) semi-annual installments with interest thereon at a rate of 4 30% per annum, or, in the case of a Taxable Event, at the Taxable Rate The installments of interest shall be payable semi-annually, commencing November 1, 1999 and installments of principal shall be payable semi-annually commencing November 1, 1999 The amount to be borrowed shall be $391,828 00 with the remaining 670 being paid in cash by the City 2 The Mayor and City Clerk are hereby authorized and directed to execute the Agreement and deliver it to the Vendors, substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be approved by the City's Bond Counsel 3 The useful life of the Equipment is hereby determined to be not less than twenty (20) years 4 The Mayor, City Clerk and Finance Director are hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing of the Agreement and the assignment thereof 5 The assignment of the Agreement by the Vendors to the Bank is hereby approved 6 The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Agreement coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations 7 The City hereby designates its obligations under the Agreement as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986, as amended (the "Code") 8 The City hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Agreement from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Code, including but not limited to, actions relating to the rebate of arbitrage earnings, if 31616 applicable, and the expenditure and investment of proceeds of the Agreement and moneys deemed to be proceeds 9 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A communication from the Department of Law, dated April 8, 1999, re conditions relating to building materials, size of homes, etc , was received and placed on file for the information of the Council #297-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 15, 1999, approved for submission by the Mayor, transmitting color renderings of the proposed storage facility at the Police complex and the truck scale facility on Glendale Avenue, the Council does hereby approve such renderings in the manner and form herein submitted #298-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated April 14, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting that two traffic signals be installed for northbound and southbound Bicentennial Drive at the new Fire Station No 3 driveway, and having considered the necessity for such traffic signal installations, the Council does hereby authorize the said traffic signal installations, FURTHER, the Council does hereby approve of the City assuming 100% of the installation and annual maintenance costs for such traffic signal, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $42,000 00 from the Michigan Transportation Fund (Local Road Account) for the cost of the signals ($40,000 00) and the design fee imposed by Wayne County ($2,000 00), and the Mayor and City Clerk are hereby authorized to execute a cost agreement, for and on behalf of the City of Livonia, at such time as the proposed agreement is forwarded by the County of Wayne, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Division of Roads #299-99 RESOLVED, that the Council does hereby refer the subject of current plans for the disposition of the existing Fire Station located at Farmington and Seven Mile Roads to the Mayor for his report and recommendation #300-99 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, 31617 dated April 19, 1999, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150, for design services for the Plymouth Road Resurfacing from Inkster Road to Farmington Road in an amount not to exceed $94,500 00, the Council does hereby approve this contract; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $94,500 00 from the General Obligation Road Bond Issue Fund for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #301-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, regarding the request from William Kirkland to eliminate the sidewalk at 29087 Barkley from the 1999 Sidewalk Repair Program, the Council does hereby approve and grant this request. #302-99 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, June 28, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 99-2-6-1, submitted by the City Planning Commission, pursuant to Council Resolution 405-98, to determine whether or not to amend Sections 2 08, 4 02 and 4 03 of the Zoning Ordinance to set forth zoning requirements for family (1 to 6 children) and group (7 to 12 children) day care homes in residential districts, the City Planning Commission in its resolution 4-64-99 having recommended to the City Council that Petition 99-2-6-1 be approved, 31618 FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Brosnan, Duggan, Laura, Walsh, Vandersloot and Engebretson NAYS None On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #303-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1999, submitted pursuant to Council Resolution 878-98, and a request from Councilmember Brian Duggan regarding the subject of the formation of a City policy of payment for appraisals relative to the sale of City-owned property, the Council does hereby refer the subject of how neighboring communities address the matter of payment for appraisals of municipally- owned property to the Department of Law for its report and recommendation On a motion by Walsh, seconded by Laura, and unanimously adopted, it was #304-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1999, submitted pursuant to Council Resolution 878-98, and a request from Councilmember Brian Duggan regarding the subject of the formation of a City policy of payment for appraisals relative to the sale of City-owned property, the Council does hereby refer the subject (a list) of all land owned by the City to the Mayor for his report and recommendation 31619 On a motion by Walsh, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1999, submitted pursuant to Council Resolution 111-99, regarding a proposed ordinance adding Section 015 to Title 12, Chapter 08 (Street and Alley Vacations) of the Livonia Code of Ordinances, as amended, with respect to a fee structure for administrative costs of handling vacating petitions, the Council does hereby determine to take no further action on this matter Laura withdrew his support on the foregoing resolution Walsh then withdrew his motion on the foregoing On a motion by Walsh, seconded by Duggan, it was #305-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1999, submitted pursuant to Council Resolution 111-99, regarding a proposed ordinance adding Section 015 to Title 12, Chapter 08 (Street and Alley Vacations) of the Livonia Code of Ordinances, as amended, with respect to a fee structure for administrative costs of handling vacating petitions, the Council does hereby request that the Department of Law prepare an ordinance amendment establishing a fee structure that allows a 50% refund of the fee prior to mailing of public hearing notices, the same to thereafter be submitted to Council for its consideration A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Duggan, Walsh, Vandersloot, and Engebretson NAYS Laura The President declared the resolution adopted On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was #306-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1999, submitted pursuant to Council Resolution 108-99, and a request from Councilmember Brian Duggan regarding the subject matter of the City policy regarding Class C liquor license quotas, the Council does hereby refer the matter of a proposed policy regarding Class C liquor license quotas in light of recent changes in State law and a report as to how other 31620 communities in Wayne County are handling this issue to the Mayor for a report and recommendation Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 17 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 98-10-6-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan left the podium at 8 29 p m due to a conflict of interest on the next matter Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-11-1-22) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan returned to the podium at 8 30 p m Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 99-1-1-1) 31621 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 98-10-1-20) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Pastor, Brosnan, Duggan, Laura, Walsh, Vandersloot, and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #307-99 RESOLVED, that having considered the report and recommendation of the Training Coordinator for the Department of Public Safety- Fire & Rescue, dated April 13, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia Fire Department and the Life Support Training Institute, 25300 W Eight Mile Road, Southfield, Michigan 48034, to allow the LSTI to utilize the Fire Department as a practical skills clinical provider for Livonia personnel as well as for other area departments, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the agreement in the manner and form herein submitted, subject to approval as to form by the Department of Law, as well as to do all things necessary or incidental to the full performance of this resolution On a motion by Pastor, seconded by Walsh, it was 31622 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1, 1999, which transmits its resolution 3-57-99, adopted on March 23, 1999, with regard to a Sign Permit Application, submitted by Metro-Detroit Signs, on behalf of Walgreens Pharmacy, requesting approval for signage on property located at 8850 Newburgh Road in the Southwest 1/4 of Section 32, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor and Walsh NAYS Brosnan, Duggan, Laura, Vandersloot, and Engebretson The President declared the resolution denied On a motion by Duggan, seconded by Brosnan, it was #308-99 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1, 1999, which transmits its resolution 3-57-99, adopted on March 23, 1999, with regard to a Sign Permit Application, submitted by Metro-Detroit Signs, on behalf of Walgreens Pharmacy, requesting approval for signage on property located at 8850 Newburgh Road in the Southwest 1/4 of Section 32, the Council does hereby concur in the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Walgreens, as received by the Planning Commission on March 11, 1999, is hereby approved and shall be adhered to, and 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan, Laura, Vandersloot, and Engebretson NAYS Pastor and Walsh The President declared the resolution adopted 31623 John Deters, 23544 Hoover Road, Warren, Michigan, was present to answer questions of Council with respect to signage for Walgreens Pharmacy On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered an Application for Industrial Facilities Exemption Certificate from EPI Printers, Inc , dated February 24, 1999, for new industrial facilities to be located within the City of Livonia Industrial Development District No 54, and the Council having conducted a public hearing with respect to this matter on Wednesday, April 14, 1999, pursuant to Council Resolution 144-99, the Council does hereby determine to deny this request since it is the determination of the Council that the approval of the said Industrial Facilities Exemption Certificate at this time would not be in the best interest of the citizens of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Duggan and Laura NAYS Pastor, Brosnan, Walsh, Vandersloot, and Engebretson The President declared the resolution denied On a motion by Walsh, seconded by Pastor, it was #309-99 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from EPI Printers, Inc , dated February 24, 1999, covering new industrial facilities to be located within City of Livonia Industrial Development District No 54, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded EPI Printers, Inc , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, April 14, 1999, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 31624 1 That the City Council, on the basis of the information received from the applicant, EPI Printers, Inc , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from EPI Printers, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 54 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facilities exemption certificates A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Brosnan, Walsh, Vandersloot, and Engebretson NAYS Duggan and Laura The President declared the resolution adopted A communication from EPI Printers, Inc , dated April 22, 1999, re forwarding the Letter of Agreement required by the City with respect to their request for an Industrial Facilities Exemption was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was 31625 #310-99 RESOLVED, that having considered a communication from the City Treasurer dated April 28, 1999, regarding the replacement of sidewalks in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter dated April 28, 1999, is included herein by reference, which work was done pursuant to Council Resolution 410-98 and in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the Treasurer, dated April 28, 1999, re Single Lot Assessments for the 1998 Miscellaneous Sidewalk Program (Contract 98-C) was received and placed on file for the information of the Council (CR 100-99) On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #311-99 RESOLVED, that having considered a communication from the Department of Law, dated April 8, 1999, transmitting for Council acceptance a Warranty Deed more particularly described as follows. 31626 Warranty Deed dated March 19, 1999, executed by Fadi Daouk, President, Prairie Development West, L L C , to the City of Livonia for Description of Levan Court Right-of-Way Part of the Southeast 1/4 of Section 5, and part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as follows COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 5, TOWN 1 SOUTH, RANGE 9 EAST, THENCE N 00°14'00" E, 60 00 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SEVEN MILE ROAD (120 FEET WIDE) TO THE POINT OF BEGINNING, THENCE S 89°14'30" E 50 35 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY, THENCE N 00°45'30" E 20 00 FEET, THENCE 76 88 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS 164 50 FEET, CENTRAL ANGLE 26°46'34", CHORD N 12°3747" W 76 18 FEET, THENCE 41 66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 50 00 FEET, CENTRAL ANGLE 47°44'18", CHORD N 02°08'55" W 40 46 FEET, THENCE 146 85 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS 60 00 FEET, CENTRAL ANGLE 140°13'50", CHORD N 48°23'41"W 112 85 FEET, THENCE 40 11 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 50 00 FEET, CENTRAL ANGLE 45°57'26", CHORD S 84°28'06" W 39 04 FEET, THENCE N 72°33'10" W 194 93 FEET, THENCE 73 56 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS 260 00 FEET, CENTRAL ANGLE 16°12'40", CHORD N 80°39'30" W 73 32 FEET, THENCE 41 87 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 53 50 FEET, CENTRAL ANGLE 44°50'26", CHORD N 66°20'37" W 40 81 FEET, THENCE 277 55 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS 60 00, CENTRAL ANGLE 265°03'07", CHORD S 03°33'03" W 88 44 FEET, THENCE 35 08 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 53 50 FEET, CENTRAL ANGLE 37°34'05", CHORD N 69°48'31" E 34 45 FEET, THENCE 65 81 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 200 00 FEET, CENTRAL ANGLE 18°51'16", CHORD S 81°58'48" E 65 52 FEET, THENCE S 72°33'10" E 276 45 FEET, THENCE S 00°45'30"W 123 17 FEET, THENCE S 89°14'30" E 32 65 FEET TO THE POINT OF BEGINNING CONTAINS 1 1030 ACRE OF LAND MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF PUBLIC RECORD I 31627 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution, AND BE IT FURTHER RESOLVED, that said Levan Court is Iim• an improved public street and is open for public street purposes, and FURTHER, that said street is accepted into the City's Local Street System On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #312-99 RESOLVED, that the Council does, for and on behalf of the City of Livonia, accept the gift of seven (7) teddy bears from Garfield Elementary School Junior Girl Scout Troop #822 for donation to appropriate charities On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was. #313-99 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. A communication from the Department of Law, dated April 26, 1999, re administrative response to CR 107-99 —forwarding an appraisal of the Bobby's Country House property located at 35780 W Five Mile Road was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was. #314-99 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 27, 1999, submitted pursuant to Council Resolution 106-99, and a communication from the Department of Law, dated April 26, 1999, transmitting a copy of the appraisal obtained regarding the Bobby's County House property, and having also considered a letter from Bobby's Country House, 35780 W Five Mile Road, Livonia, Michigan 48154, requesting approval for the sale and transfer of the assets and leasehold interest in Bobby's Country House to Harry Sisko, George Demopoulos 31628 and Walter Martin, on behalf of an entity to be formed, the Council does hereby request that, in accordance with Council Resolution 300-88, the Director of Finance (with the assistance of the Department of Law) prepare specifications to obtain competitive bids for the proposed sale of this City-owned property, FURTHER, the Council does hereby request that such specifications be submitted to Council for its review and approval prior to obtaining competitive bids with respect to this property, and that all competitive bids shall thereafter be submitted to Council for its consideration A communication from Frank and Cindy Schroeder, 19030 Van Road, Livonia, dated May 3, 1999, re requesting a residency requirement and/or residency priority clause be added to the extension of the lease agreement with Livonia Hockey Association for the Devon-Aire Arena was received and placed on file for the information of the Council (CR 933-98 and CR 258-99) A communication from the Department of Law, dated April 30, 1999, re forwarding a proposed amendment to the lease agreement with the Livonia Hockey Association for Devon-Aire Arena and recommending approval of the existing bylaws of the Livonia Hockey Association with respect to registration requirements and the issue of residency was received and placed on file for the information of the Council (CR 933-98 and CR 258-99) On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #315-99 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 27, 1999, and a communication from the Department of Law, dated April 19, 1999, approved for submission by the Mayor, and a subsequent communication dated April 30, 1999, approved for submission by the Mayor, to which is attached a proposed Amendment No 2 to the Lease Agreement for Devon-Aire Arena between the City of Livonia and the Livonia Hockey Association, the Council does hereby take this means to indicate its approval of the existing bylaws of the Livonia Hockey Association with respect to registration requirements and the issue of 31629 residency, FURTHER, based upon the representation that there will be no changes in the residency requirements currently contained in the bylaws, two the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Amendment No 2 in the manner and form herein submitted Carl Creighton, 36985 Margareta, Livonia, Secretary of the Livonia Hockey Association, was present to answer questions of Council The Council requested a response to the letter received from Frank and Cindy Schroeder from Mr Creighton On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #316-99 RESOLVED, that the Council does hereby refer the issue of rezoning the Bobby's Country House property located at 35780 W Five Mile Road to the Planning Commission to determine the appropriate zoning classification John Walsh stated for the benefit of his colleagues that he would be participating in the next matter His law firm represents AT&T Wireless, but no conflict of interest exists with respect to Nextlink Michigan, Inc On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #317-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Nextlink Michigan, Inc., requesting approval for access to and ongoing use of the public right- of-ways within the City for a proposed telecommunications system utilizing approximately 9 miles of public right-of-way, as more particularly described in the attachment to the permit application, and the Council having conducted a public hearing with regard to this matter on Wednesday, April 28, 1999, pursuant to Council Resolution 176-99, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #318-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a 31630 Telecommunications Permit Application submitted by Nextlink Michigan, Inc , the Council does hereby refer the subject of the ninety (90) day review process for Telecommunications Permit Applications to the Legislative Committee for its report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #319-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Nextlink Michigan, Inc., the Council does hereby refer the subject of the timeline for the process of review of Telecommunications Permit Applications (such as the application filed by Nextlink Michigan, Inc.) to the Department of Law for its report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #320-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Nextlink Michigan, Inc., the Council does hereby refer the subject of availability and/or need for special legal counsel with respect to this matter to the Department of Law for its report and recommendation On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #321-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated March 8, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Nextlink Michigan, Inc., the Council does hereby refer to the Director of Finance for his report and recommendation the subject of Nextlink Michigan, Inc.'s financial viability No one from the audience spoke during the audience communication portion of the meeting 31631 Councilmember Vandersloot thanked Dr Lynn Babcock, principal of Grant Elementary School, and all of the students who came to participate in the Arbor Day celebration She also introduced her houseguest, Dr Lidia Bajavana, a visiting gynecologist/obstetrician from Siberia, who is part of the Rotary Group Exchange Program Ms Vandersloot noted that five (5) medical professionals from Siberia are presently guests in Livonia. Councilmember Brosnan announced that the 25th Annual Livonia Community Prayer Breakfast, scheduled for 7 15 a m tomorrow at Laurel Manor, is sold out; however, it will be broadcast on City Channel 8 throughout the month of May She thanked all the people who participated in putting together this event. City Engineer Schron remarked to the viewing audience that there is road construction taking place in Old Rosedale Subdivision, and encouraged these residents to park as many of their vehicles in their driveways as possible during the evening Council President Engebretson thanked Councilmember Vandersloot for her leadership in the "Tree City USA" process, and for her role in the Arbor Day celebration held last Friday He also thanked the City Channel 8 volunteers and employees for their efforts in televising the Council meetings, and noted that Jeanne Treff s (Administrative Assistant in the Cable Division of Community Resources) mother passed away yesterday, and offered condolences to her family On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1,392hdRegular Meeting of the Council of the City of Livonia was adjourned at 9 13 pm , May 5, 1999 „A 0-0, 4 1714 111-'" J can McCotter, City Clerk